Legal Opinion

Duncan v. . Brennan

New York Court of Appeals

Decided January 18, 1881PublishedCited by 13 opinions

Appeal from order of the General Term of the Court of Common Pleas, in and for the city and county of Dew York, made February 3, 1879, reversing a judgment in favor of plaintiffs entered upon a verdict, and granting a new trial. This action was brought to recover possession of three hnndred barrels of whisky alleged to have been wrongfully taken and detained by the original defendant, Matthew T. Brennan, then sheriff of the city and county of Hew York.

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Appeal from order of the General Term of the Court of Common Pleas, in and for the city and county of Dew York, made February 3, 1879, reversing a judgment in favor of plaintiffs entered upon a verdict, and granting a new trial. This action was brought to recover possession of three hnndred barrels of whisky alleged to have been wrongfully taken and detained by the original defendant, Matthew T. Brennan, then sheriff of the city and county of Hew York. He having died during the progress of the action, the present defendant, his executrix, was substituted. The answer alleged that the property…

1Per curiam

The question whether the declarations of Boyd in respect to the ownership of the whisky were admissible depends upon the fact whether the plaintiffs had any claim or lien upon the whisky for advances made by them for Boyd Bros. & Hobson. The firm had loaned from the" plaintiffs, and obtained an advance, of $10,000 on thé bills of lading for the whisky, which loan was afterward paid to the plaintiffs, with interest, as plaintiffs’ account, which was introduced in evidence, shows. The account also establishes that the money was received on this very loan of $10,000; and unless the plaintiffs…

2Cases cited1 opinion

  1. Robinson v. FrostNew York Supreme Court · 1853

3Cited by13 opinions

  1. Reynes v. DumontSupreme Court of the United States · 1889
  2. Sherman v. . FosterNew York Court of Appeals · 1899
  3. Thompson v. St. Nicholas National BankNew York Court of Appeals · 1889
  4. Assets Realization Co. v. HowardNew York Supreme Court · 1911
  5. McCrea v. First Nat. Bank of AustinSupreme Court of Minnesota · 1925

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